Acquis communautaire from European consumer law
Journal Title: Альманах міжнародного права - Year 2016, Vol 11, Issue
Abstract
Presently, one of the most developed branches of EU law is consumer law. To improve the efficiency of consumer contract law conduct the harmonization of 28 Member States legislations. The European legislator considers the consumer as weaker party of obligation and defines the protection of consumer rights his direct duty. Recent years have seen changes in the level of harmonization of EU consumer law with full harmonization to minimum harmonization. This trend, in addition to significant advantages, contains numerous gaps. Directive 2011/83/EU on consumer rights, like all laws passed in the EU member states for the purpose of the imple- mentation of its provisions, is an important step towards the harmonization of consumer law in Europe. Adoption the Directive 2011/83/EU on consumer rights was the basis for the introduction of a common and uniform legal regulation in the sphere of consumer law, increased consumer protection in the EU. However, the questions of the scope of Directive 2011/83 / EU on consumer rights are insufficiently understood. Regarding contracts traditionally are not considered as sales contracts in the Member States law. The next problem is the possibility of using consumers’ ways to protect the rights and interests laid down in the general provisions of contract law EU member states, along with those defined in the Directive. Construction of Directive 2011/83 / EC on con- sumer rights on the type of full harmonization determines the problem of uncertainty in the law. Indeed, there was a full harmonization of consumer law without similar harmonization of general contract law rules.
Authors and Affiliations
Л. М. САВАНЕЦЬ
Keywords
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